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Home My WebLink About07-2497UNRUH, TURNER, BURKE & FREES, P.C. BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY 2854 Freeman Hollow Road Loysville, PA 17047 Plaintiffs VS. WILLIAM D. SEAMANS 58 Pulsifer Drive Auburn, NY 13021 Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW NO. 07- JURY TRIAL DEMANDED Jury of 12) NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 UNRUH, TURNER, BURKE & FREES, P.C. BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 : Attorneys for Plaintiff JAMES P. DEENY : IN THE COURT OF COMMON PLEAS 2854 Freeman Hollow Road Loysville, PA 17047 : CUMBERLAND COUNTY, PA Plaintiffs : CIVIL ACTION - LAW vs. WILLIAM D. SEAMANS 58 Pulsifer Drive Auburn, NY 13021 JURY TRIAL DEMANDED (Jury of 12) Defendant COMPLAINT 1. Plaintiff, James P. Deeny is an adult resident of Perry County, Pennsylvania. 2. Defendant, above named, is an adult resident of the State of New York. 3. Wertzville Road, also known as Route 944, is a public thoroughfare in Middlesex Township, Cumberland County, Pennsylvania, running generally in an easterly and westerly direction. 1 4. Sunnyside Drive, also known as Route 1007, is a public thoroughfare in Middlesex Township, Cumberland County, Pennsylvania, also running generally in an easterly and westerly direction. 5. At the location of the collision hereinafter described, Sunnyside Drive eastbound ends but the roadway continues east as Wertzville Road. 6. At the location of the collision hereinafter described, Wertzville Road westbound has three lanes: one westbound lane on the right for traffic that continues straight on to Sunnyside Drive; one westbound lane on the left; and one center turning lane for traffic turning left on to the continuation of Wertzville Road. A true and accurate diagram depicting the configuration of the intersection of Sunnyside Drive and Wertzville Road is attached hereto as Exhibit "A" and incorporated herein by reference. 7. On May 7, 2006, at approximately 8:58 a.m., Plaintiff was lawfully and carefully driving his motor vehicle on Sunnyside Drive in Middlesex Township in an easterly direction. 8. At the aforementioned date and time, Defendant was operating a motor vehicle on Wertzville Road in Middlesex Township in a westerly direction. 9. As Defendant approached the intersection of Wertzville Road and Sunnyside Drive, suddenly and without warning, he attempted to make a left hand turn onto the continuation of Wertzville Road and, in doing so, drove his vehicle directly into the path of Plaintiff's vehicle causing the two vehicles to collide. 10. As a direct and proximate result of the collision as aforesaid, Plaintiff was thrown about the interior of his vehicle violently and with great force causing him to suffer the severe and serious injuries and damages as are hereinafter set forth. 2 11. The injuries and damages hereinafter set forth were caused solely by and were the direct and proximate result of the negligence of the Defendant in any or all of the following respects: (a) In failing to yield to oncoming traffic and, in particular, Plaintiff; (b) In turning his vehicle directly into the path of Plaintiff s vehicle; (c) In failing to allow Plaintiff to proceed through the aforesaid intersection before attempting to turn. (d) In driving his vehicle at a speed in excess of the posted speed limit; (e) In driving his vehicle at an unsafe speed; (f) In racing his vehicle on the roadway: (g) In failing to have his vehicle under proper control; (h) In continuing to operate the vehicle in a direction toward Plaintiffs vehicle when Defendant saw, or in the exercise of reasonable diligence should have seen, that further operation of the vehicle in that direction would result in a collision; (i) In failing to be attentive and to maintain a sharp lookout of the road and the surrounding traffic conditions; 0) In failing to sound a horn or give other warning of the approach of his vehicle; (k) In failing to operate the brakes in such a manner so that his vehicle could be stopped in time to avoid the collision; (1) In failing to observe that care and caution required under the circumstances; 3 (m) In violating the various statutes and municipal ordinances pertaining to the operation of motor vehicles on public thoroughfares under the circumstances including, without limitation, Sections 3322, 3714, 3361 and 3367 of the Pennsylvania Motor Vehicle Code; (n) In failing to maintain a reasonable lookout for the presence of other motor vehicles on the road; and (o) In failing to avoid hitting Plaintiffs vehicle when the Defendant saw, or in the exercise of reasonable diligence, should have seen, that Plaintiff's vehicle was on the road in full view of the Defendant. 12. Solely as the result of the negligence of the Defendant as aforesaid, Plaintiff sustained the following injuries, all of which are or may be of a serious and permanent nature: fracture of the sternum; cervical sponylolisthesis; cervical sprain and strain; contusions and abrasions; and shock and injury to the nerves and nervous system. 13. At the time of the aforesaid collision, Plaintiff was insured by a policy of automobile insurance providing "full tort" coverage. 14. As the result of the injuries as aforesaid, Plaintiff has sustained the following damages: (a) He has been and will be required to receive and undergo medical attention and care and to expend monies or to incur various expenses as described in 75 Pa. C.S.A. §§ 1711 and 1712; (b) He has suffered and will suffer great pain, suffering, inconvenience, embarrassment, humiliation, and mental anguish; 4 (c) He has lost income in the past and has lost the capacity to earn income in the future; (d) His general health, strength and vitality have been permanently impaired; and (e) He has lost and will lose life's pleasures and enjoyment of life. WHEREFORE, Plaintiff, James P. Deeny, demands judgment against Defendant, William D. Seamans, in an amount in excess of $50,000 and the arbitration limits of Cumberland County together with costs and delay damages. UNRUH, U i BURKE & FREES, P.C. BY: S EPHEN P. LAG ?SQUITIE Attorney for Plainti James P. Deeny 5 VERIFICATION I am the Plaintiff in this matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing pleading is based. To the extent that the foregoing pleading is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language of the pleading is that of counsel and, to the extent that the foregoing pleading goes beyond the factual information which I have provided to counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: /'",::;?' d -d ?xl?;b;t A nn o d i os®tl31?A?3d 93ra3s 00001? G'l. Print MGRS W 003809q Page 7 of 7 T -ro .9=? s .. , IM'it 1 T - hrtn`+?1?rwwrirtt?,s?tt?..?ax?e.°tin+elPrnitinnar?w?/'?tmiFile?l'3t'Y?T+4T1KJ6,?tFt'k.7KT?F?f':??Mf# fil`1t167(1?1f EXHIBIT Crash Number, YYrOM099 tnddent NurnW, WS07N112M 61 ? d ? J a ? _t C:.3 `z7 L? Z rl ?z ..c 0 w UNRUH, TURNER, BURKE & FREES, P.C. BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 : Attorneys for Plaintiff West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW WILLIAM D. SEAMANS : NO. 07-2497 Defendant : JURY TRIAL DEMANDED (Jury of 12) AFFIDAVIT OF SERVICE The undersigned, being duly sworn, deposes and says that the Complaint in the above- captioned matter was mailed to Defendant, William D. Seamans Certified Mail, Return Receipt Requested, Restricted Delivery, on May 4, 2007. Said Complaint was delivered on May 7, 2007 as evidenced by the signed receipt card a true and correct copy of which is attached hereto, incorporated herein by reference and marked as Exhibit "A". Accordingly, service of process was made on May 7, 2007. BURKE & FREES, P.C. BY: STEPHEN P Atto ev for James P. Deeny Sworn to and Subscribed Before me this ft day of , 2007. vi4at?0'(?? TARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Judith P. Craig, Notary Public West Chester Boro, Chester County My Commission Expires Sept. 26, 2009 Member, Pennsylvania Association of Notaries Complete complete items 1. 2, and 3. Also ResVlcted WIMP is deairad- ¦ Print your name and address on the reverse so that we can return the card to .you. ¦ Attach this card to the back of the mailpieoe,. or on the front if space permits: 1. Article Addressed to: William D. Seamans 58 Pulsifer Drive Auburn, NY 13021 A. SWISMe 103 C. Date of D. Is deWery address diffeierd from item 14 ? e ) If YES, ender delivery address below. 3. Service Type Q1 Carolled Mait O Express Mail 0 Registered ? Return Receipt forMwdmndise (7 Insured malt 0 o.O.D. 4. Restricted Delvery? OFAft Fee) ] ns 2. AtioieNumber 7pp5 1160 ppp5 0718 9958 (fYar?Asrftor?r sera?ce latxo PS Form 3811, February 2004 Domestic Return Receipt 1M95-02-W1540 ' a, Cr r- ?.& S1 C3 Postage $ Mat U ttsi $2:40 03 M certltled Fee _ C3 (Endorsement RequireFee d) $1.85 a . Y Hat., O -0 RestrlCted Delivery Fee (Endorsement Required) 70 $3. I Total Postage & Fees $ $8.82 042007 • ' Lr1 a O Sent To o William D. Seamans Imo- ;------------------ Sneer,Apr. No. ------------------------ --------------------- o.POeoxNo. 58 Pulsifer Drive 2 ----------------------------------------------------------- CIry, State, ZIP+4 ------------------------- --- Auburn NY PS F 1 021 orm 3800, Jurie 2002 Se p Reverse for Instructions EXHIBIT -73 Ct rT , z f 1 .rte ? f"? i RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire Identification No. 31642 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 JAMES P. DEENY V. WILLIAM D. SEAMANS Attorneys for Defendant, William D. Seamans COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW NO. 07-2497 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, William D. Seamans, in the above-captioned action. RAWLE & HENDERSON LLP /)--- . -0- a "?? - By: red B. Buck, Esquire Attorneys for Defendant, William D. Seamans The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 IV CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the Entry of Appearance was sent by First Class mail, postage prepaid, to the following counsel of record: Stephen P. Lagoy, Esquire Unruh, Turner, Burke & Frees, P.C. 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire Attorneys for Defendant, William D. Seamans The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Dated: _,r) % I 1 0 7 n _j `9 `. ... V '?:'? l_ ^t ..?- ? ??? ? .. f?.t? "' ? ' #? ? 7 ' r l RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire Identification No. 31642 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 To: Plaintiffs You are hereby notified to file a written response to the enclosed NEW MATTER within twenty (20) days from service hereof or a judgment may be entered against you. RAWLE & HENDERSON LLP By: ??' 15 _ f7 -x Attorneys for Defendant, William D. Seamans Attorneys for Defendant, William D. Seamans JAMES P. DEENY V. WILLIAM D. SEAMANS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 07-2497 ANSWER WITH NEW MATTER 1. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 2088970-1 6. The description of the location of the collision is admitted. Denied that the document appended to the complaint as Exhibit "A" is a completely accurate diagram of the configuration of the intersection. 7. Admitted that on May 7, 2006, at approximately 8:58 a.m. plaintiff was driving his motor vehicle past on Sunnyside Drive in Middlesex Township. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the plaintiff's allegation that he was "lawfully and carefully" driving his motor vehicle and this allegation is, therefore, denied. 8. Admitted. 9. Admitted that as defendant approached the intersection of Wertzville Road and Sunnyside Drive, he attempted to make a left hand turn onto the continuation of Wertzville Road and, in doing so, drove his vehicle into the path of plaintiff's vehicle causing the two vehicles to collide. Denied that defendant "suddenly and without warning" attempted to make the left hand turn. 10. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation. 11. Admitted that the defendant failed to yield to oncoming traffic and turned his vehicle into the path of plaintiff's vehicle. The remaining allegations of negligent conduct contained in subparagraphs I I(c)-(o) are denied. It is denied that any injuries suffered by the plaintiff were caused solely by defendant's negligence. 12. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of plaintiff's allegation that he suffered 2088870-1 2 4 injuries of the nature and severity alleged. It is denied that any injuries suffered by the plaintiff were caused solely by defendant's negligence. 13. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation. 14. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation. WHEREFORE, defendant, William D. Seamans, demands judgment in his favor and against the plaintiff. NEW MATTER Plaintiff was negligent in causing his own injuries and his claim for relief is barred or reduced under the Pennsylvania Comparative Negligence Act, 42 Pa. Cons. Stat. Ann. § 7102. 2. Plaintiff s claim for relief may be barred or reduced by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. Cons.Stat.Ann. § 1701 et seq. 2088870-1 3 4 WHEREFORE, defendant, William D. Seamans, demands judgment in his favor and against the plaintiff. RAWLE & HENDERSON LLP By: Fred B. Buck, Esquire Attorneys for Defendant, William D. Seamans The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 2088870-1 4 A VERIFICATION I, William Seamans, hereby verify that I a named defendant in the above- WILLIAM SEAMANS • • referenced matter and I take this verification on my own behalf, and the facts contained in the foregoing answer with new matter to plaintiff's complaint are true and correct to the best of my knowledge, information and belief and I take this verification subject to the penalties of 18 P.S. § 4904 relating to unworn falsification to authorities. Dated: • 2088870-1 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of defendant's answer with new matter to plaintiff's complaint was sent by First Class mail, postage prepaid, to the following counsel of record: Stephen P. Lagoy, Esquire Unruh, Turner, Burke & Frees, P.C. 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 RAWLE & HENDERSON LLP By: . a . 1d Fred B. Buck, Esquire Attorneys for Defendant, William D. Seamans The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Dated: t) -t z l u 7 2088870-1 V-4 21 '}' -Q 4A UNRUH, TURNER, BURKE & FREES, P.C BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff VS. WILLIAM D. SEAMANS Defendant : Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) PLAINTIFF'S REPLY TO NEW MATTER L-2. Denied as conclusions of law. BURKE & FREES, P.C. BY: \-/ %-- L..? STE HEN P. LAGOY, Atto ey for Plaintiff James P. Deeny I VERIFICATION I am counsel to Plaintiff and make this verification on Plaintiffs behalf because Plaintiff lacks sufficient knowledge or information to do so. I verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unsworn falsification to authorities. Date: O -7 1 C) ST PHEN P. LAGOY, Attorney for Plaintiff James P. Deeny C . UNRUH, TURNER, BURKE & FREES, P.C. BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 : Attorneys for Plaintiff JAMES P. DEENY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW WILLIAM D. SEAMANS : NO. 07-2497 Defendant : JURY TRIAL DEMANDED (Jury of 12) CERTIFICATION OF SERVICE This is to certify that a true and correct copy of Plaintiffs Reply to New Matter in the above-captioned matter has been served by United States First Class Mail, Postage Prepaid, on the 474A- day of June, 2007, as follows: Fred B. Buck, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Umph, Tilr* Burke & Frees, P.C. By: Stephen P. Lagoy, I Atto ey for Plainti James P. Deeny C -n - c " A ?. UNRUH, TURNER, BURKE & FREES, P.C. BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff VS. WILLIAM D. SEAMANS Defendant JAIME PRATT Plaintiff vs. LOIS V. SEAMANS WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants Attorneys for Plaintiff, James P. Deeny IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 08-479 PETITION FOR CONSOLIDATION OF ACTIONS Petitioner, James P. Deeny, by and through his attorneys, Unruh, Turner, Burke & Frees, P.C., hereby files this Petition for Consolidation of Actions and, in support thereof, avers as follows: 1. Petitioner, James P. Deeny, is the Plaintiff in James P. Deeny vs. William D. Seamans, Cumberland County Civil Action No. 07-2497 ("2007 Action"), a personal injury action filed on April 30, 2007. 2. Petitioner is also a Defendant in Jaime Pratt vs. Lois V. Seamans, William D. Seamans and James P. Doeny (sic), Cumberland County Civil Action No. 08-479 ("2008 Action"), a personal injury action filed on January 29, 2008. 3. Both the 2007 Action and the 2008 Action arise out of the same automobile collision which occurred in Cumberland County on May 7, 2006. 4. The 2007 Action and the 2008 Action involve common questions of law and fact. 5. Counsel representing all parties in the both actions have agreed that the 2007 Action and the 2008 Action be consolidated for purposes of discovery and trial and have executed a Stipulation to that effect which is attached hereto, incorporated herein by reference and marked as Exhibit "A." 6. Pursuant to Pa. R.C.P. 213, the Court may order the consolidation of actions where there are common questions of law and fact and where there is no prejudice to the parties by joining the actions. 7. As evidenced by the aforesaid Stipulation of counsel, consolidation of these actions will not prejudice any substantial right of any party. Further, consolidation will avoid the unnecessary delay and expense of separate trials. WHEREFORE, Petitioner, James P. Deeny, respectfully requests that these two civil actions (Cumberland County Civil Action Nos. 07-2497 and 08-479) be consolidated for purposes of discovery and trial at Cumberland County Civil Action No. 07-2497. Respectfully submitted, BURKE & FREES, P.C. BY: ST HEN P. LAGO Attorney for PetitiorA James P. Deeny VERIFICATION I am counsel to Petitioner and make this verification on Petitioner's behalf because Petitioner lacks sufficient knowledge or information to do so. I verify that the facts set forth in the foregoing Petition for Consolidation of Actions are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unsworn falsification to authorities. Date: ST PHEN P. LA( Attorney for Petiti James P. Deeny JAMES P. DEENY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW WILLIAM D. SEAMANS : NO. 07-2497 Defendant : JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT Plaintiff vs. LOIS V. SEAMANS WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA CIVIL ACTION - LAW : NO. 08-479 STIPULATION TO CONSOLIDATE ACTIONS It is hereby stipulated and agreed by the undersigned counsel representing all parties in the above-captioned actions that said actions be consolidated for purposes of discovery and trial. , Burke & Frees, P.C. BY Stephen P. Lagoy,(Es juir Attorney for Plain ' , James P. Deeny in Civil Action No. 07-2497 Dated: ?l I ® K T Rawle & Henderson, LLP BY: Fred Buck, Esquire Attorney for Defendant William D. Seamans in Civil Action No. 07-2497 Also Attorney for Defendan EXHIBIT William D. Seamans and Lois V. Seamans in Civil Action No. 08-479 Dated: ,313)) O X Francis R. Gartner and Associates Cellino & Barnes, P.C. BY: C? BY: oseph P. Bi ingham, quire Michael I C per, E u e AttorneY for Defendant Attorney for lainti James P. Deeny in Jaime Pratt in Civil Action Civil Action No. 08-479 No. 08-479 Dated: eg Dated: "/ y ` UNRUH, TURNER, BURKE & FREES, P.C. Attorneys for Plaintiff BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA vs. : CIVIL ACTION - LAW WILLIAM D. SEAMANS : NO. 07-2497 Defendant : JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW LOIS V. SEAMANS : NO. 08-479 WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants CERTIFICATION OF SERVICE This is to certify that a true and correct copy of Petitioner/Plaintiff, James P. Deeny's Petition for Consolidation of Actions in the above-captioned matters has been served by United States First Class Mail, Postage Prepaid, on the % `7 `t?l day of April, 2008 as follows: Fred B. Buck, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Attorney for Defendant William Seamans in Civil Action No. 07-249 And Attorney for Defendants William D. Seamans and Lois V. Seamans in Civil Action No. 08-479 Joseph P. Birmingham, Esquire Francis R. Gartner and Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422-1969 Attorney for Defendant, James P. Deeny in Civil Action No. 08-479 Michael J. Cooper, Esquire Cellino & Barnes, P.c. 451 Grider Street Buffalo, NY 14215 Attorney for Plaintiff, Jaime Pratt in Case No. 08-479 urner\Burke & Frees, P.C. By: k-/ Steph n P. Lagoy, Esq - e Atto y for Petition /Plai tiff, James P. Deeny in Ca o. 07- h ` `_? L f«r { { tj-1 9UPR 3! M (? JAMES P. DEENY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA vs. : CIVIL ACTION - LAW WILLIAM D. SEAMANS : NO. 07-2497 Defendant : JURY TRIAL DEMANDED (Jury of 12) JAIME PRATT : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : CIVIL ACTION - LAW LOIS V. SEAMANS : NO. 08-479 WILLIAM D. SEAMANS JAMES P. DOENY (sic) Defendants ORDER Upon consideration of the within Petition for Consolidation of Actions and the Stipulation of Counsel in the above-captioned actions, it is hereby ORDERED and DECREED that said actions be and the same are hereby consolidated for purposes of discovery and trial at Case No. 07-2497. /? r'7 LS Loo p BY THE COURT: ?L v i L X10 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) James P. Deeny VS. William D. Seamans VS. Consolidated Case: (Plaintiff) (Defendant) (check one) ® Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials Jaime Pratt No. 2497 92007 Term Plaintiff Case No. 08-479 consolidated at Case No. 07-2497 Vs. Lois V. Seamans William D. Seamans James P. Doeny (sic), Defendants Indicate the attorney who will try case for the party who files this praecipe: Stephen P. Lagoy, Esquire (Attorney for James P. Deeny (Plaintiff in 07-2497) Indicate trial counsel for other parties if known: *See also Fred B. Buck, Esquire (Attorney for Defendant attorney for Defendants William D. Seamans an This case is ready for trial. Date: a- l S D V Signed: Print Name: Ste D. Seamans in 07-2497 and Seamans in 08-479) P. Lalre+. dsauire Attorney for: Plaintiff James P. Deeny * Michael J. Cooper, Esquire (Attorney for Plaintiff Jaime Pratt in 08-479) *Joseph P. Birmingham, Esquire (Attorney for Defendant James P. Deeny in 08-479) 4 el- I W raY? r,a w cr' T _TI ?w7 r JAMES P. DEENY, Plaintiff v WILLIAM D. SEAMANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2497 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the above-captioned case in the chambers of Judge Oler on Wednesday, March 25, 2009. Present on behalf of the Plaintiff was Daniel M. Hanifin, Esquire, who will be trying the case with Stephen Lagoy, Esquire. Present on behalf of Defendant was David R. Chludzinski, standing in for Fred B. Buck, Esquire, who will be trying the case. This is a negligence action for personal injuries arising out of a two-vehicle collision on Wertzville Road in Cumberland County on May 7, 2006, when Defendant made a left turn into the path of Plaintiff's oncoming vehicle. Liability is conceded by the Defendant, but the extent of damages remains at issue. A consolidated case, Pratt v. Seamans, No. 08-479 Civil Term, has been settled, according to counsel. This will be a jury trial in which each side, pursuant to an agreement of counsel, will have 4 peremptory challenges, for a total of 8. The estimated duration of trial is 1 day. To the extent that any videotape deposition testimony is to be shown or read to the jury, and contains objections being pursued by counsel requiring rulings by the trial court, counsel are directed to submit a copy of the transcript of the deposition to the Court at least 5 days prior to commencement of the trial, with the areas of objection being A 90 :Z N LZ NV 60OZ kviOl:'1 T 'd "'Hi 20 pursued highlighted, and with brief memoranda in support of their respective positions. In view of the fact that Plaintiff may be pursuing a claim for lost wages, and pursuant to an agreement of counsel, copies of the income tax returns of Plaintiff from the year 2002 to the present date shall be submitted to Defendant's counsel within the next 7 days. Since liability is admitted in this case, certain exhibits listed by Plaintiff's counsel in his pretrial memorandum would not be admissible; specifically in this category is a citation issued by a police officer to the Defendant as the result of the accident. With respect to settlement negotiations, it appears to the Court that the parties are far apart in their views of the merits of the case, and that settlement at this stage is not likely. Daniel M. Hanifin, Esquire Stephen Lagoy, Esquire 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 For Plaintiff David R. Chludzinski, Esquire Fred B. Buck, Esquire 9th Floor 240 North Third Street Harrisburg, PA 17101 For Defendant Court Administrator :mae By the Court, JAMES P. DEENY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILLIAM D. SEAMANS, : Defendant NO. 07-2497 CIVIL TERM VERDICT [In this case, Defendant concedes that his negligence caused the accident in question and that Plaintiff suffered some harm as a result, although the extent of the harm and damages remains at issue] Question 1: Do you find that Defendant was negligent? Yes X No Question 2: Do you find that Defendant's negligence was a factual cause of at least some harm to Plaintiff? Yes X No Question 3: State the total amount of damages for noneconomic loss (pain and suffering and loss of the enjoyment of life) suffered by Plaintiff as a result of the accident: $ 1I O (Date) (Forep son) a n? 4ke- l i 4 ?sh 9 In the Court of Commons Pleas of Cumberland County, PA., JAMES P. DEENY Docket No. 2007-2497 JAA41E-PR*TT Judge: OLER ---- V S ---- WILLIAM D. SEAMANS Attorney: L-9I9-SEAMAN; iVILtIAM`SEAMANS, Attorney: Date: adol , 13, .Z !rU 9 JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D Z 3 INNNNINNI?NNNfNNI? APR13-206 TICHNELL, CONNIE R 4 IINNNNNNNNNNNNN APR134 HAIR, EVA M 5 IINIIIINNNNN?NININN APR13-207 SHOVER, PAULA J 6 IINNINN?NNNNNNNNNN APR13-8 RHOADES, LESLIE L 7 111NNIININNNINININNIN APR13-347 ALLIGOOD, IRENE *Mq-t , 10 IIININNNN O NIINNI NI APR13-83 PATTERSON, CLIFFORD 12 INNNIINIINiINNNINNININ APR13-329 BARNEY, MAUREEN E 13 IIINNIINNINNNIMNIIMIIII APR1347 GOODREAU, KIM M 111111EM 4, 15 IININIINNNNNiIIIIINNIN APR13-3 GUILDAY, GRETA M 16 111NIINnINuNNNII1l APR13-62 TINSMAN, ELIZABETH P 47 18 IINIIINIINNNINInum APR13-158 YARLETT, DENNIS L 19 1INN111MININNN511N APR1345 HARDER, LAWRENCE M 20 21 IMIINIINIIININIINNNIIN APR13-34 SAYLOR, BRUCE R 22 IimNIININ1111NnI ion APR13-104 CARBAUGH, DOUGLAS R In the Court of Commons Pleas of Cumberland County, PA., JAMES P. DEENY Docket No. 2007-2497 JAMIE PRATT Judge: OLER --VS- WILLIAM D. SEAMANS Attorney: LOIS SEAMANS, WILLIAM SEAMANS, Attorney: Date: JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 imonnown M APR13-61 GUTSHALL, CAROLYN M 24 immommumn APR13-99 KARPER, ELEANOR L 25 IIIM moommun APR13-5 PAPSON, MICHAEL G 26 imimmINNmans APR13-90 WOODWARD, JINNIETH J 27 wimmuNI ve APR13-277 STEACH, BRANDON L 28 iinv NIimmun APR13-167 STIMELING, RONALD L 29 immiNnonvon APR13-140 MILLS, BRANDON L 30 ImNNIimimomen APR13-106 LONG, LYNDA A 31 ImRmommmu APR13-55 LUKENS, GWEN M 32 IMMMNAMEMil APR13-280 OTTO, CONNIE A 33 imII ummi a APR13-9 PEIFFER, ALLISON P 34 iviiannsimin APR13-117 GRIFFIE, VICKI L 35 iinammusion APR13-80 HOFFMAN, LORI S 36 37 38 39 40 41 42 43 44 UNRUH, TURNER, BURKE & FREES, P.C. BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff VS. WILLIAM D. SEAMANS Defendant : Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA CIVIL ACTION - LAW : NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) PLAINTIFF'S MOTION FOR DELAY DAMAGES PURSUANT TO PA. R.C.P. 238 AND NOW comes the Plaintiff, James P. Deeny, by and through his attorney, Stephen P. Lagoy, Esquire, and respectfully moves Your Honorable Court to award delay damages in accordance with Pa. R.C.P. 238 and in support thereof avers the following: 1. In the above-captioned civil action, Plaintiff sought monetary relief for bodily injury. 2. Original process was first served in this action on May 7, 2007. 3. This action was tried to a jury of twelve on April 13 and 14, 2009. 4. On April 14, 2009, the jury returned a verdict in favor of the Plaintiff, James P. Deeny and against the Defendant, William D. Seamans, in the amount of $111,050.00. 5. Plaintiff requests damages for delay in the amount of $7,331.53 the computation of which is more fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. WHEREFORE, Plaintiff, James P. Deeny, moves Your Honorable Court to enter an Order awarding delay damages in the amount of $7,331.53 and to add said amount to the amount of compensatory damages awarded by the jury in its verdict. Respectfully submitted, BURKE & FREES, P.C. BY: V SS TT PHEN P. LAGOY Attorney for Plaintiff James P. Deeny Deeny v. Seamans: Cumberland County CCP No. 07-2497 Delay Damn e Calculation In Accordance With Rule 238 Jury Award: $111,050.00 Delay Damages: $ 7,331.53 Total Award: $118,381.53 Delay Damages at 8.25% January 1, 2008: 7.25% (prime rate) +1% = 8.25% $111,050 x 8.25% / 365(days) = $25.10 per diem May 7 - December 31, 2008 = 238 days $25.10 x 238 = $5973.88 Delay Damages at 4.25% January 1, 2009: 3.25% (prime rate) + 1% = 4.25% $111,050 x 4.25% /365 = $12.93 per diem January 1 - April 14, 2009 = 105 days $12.93 x 105 = $1357.65 Total Delay damages: $5973.88 + $1357.65 = $7,331.53 EXHIBIT UNRUH, TURNER, BURKE & FREES, P.C BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff vs. WILLIAM D. SEAMANS Defendant : Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) CERTIFICATION OF SERVICE This is to certify that a true and correct copy of Plaintiff's Motion for Delay Damages Pursuant to Pa. R.C.P. 238 in the above-captioned matter has been served by United States First Class Mail, Postage Prepaid, on the `f'ZI day of , 2009, as follows: Fred B. Buck, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 , Burke & Frees, P.C. By: St hen P. Lagoy, Esq A mey for Plaintiff James P. Deeny FMED- Orr' CE ()F -p_,4 c fir, ?.=n+,? pFY 2009 APR 21 0: 2 4- uP-i %, N JAMES P. DEENY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILLIAM D. SEAMANS, : Defendant NO. 07-2497 CIVIL TERM ORDER OF COURT AND NOW, this 27`h day of April, 2009, upon consideration of Plaintiff's Motion for Delay Damages Pursuant To Pa. R.C.P. 238, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. A ZStephen P. Lagoy, Esq. 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 Attorney for Plaintiff Fred B. Buck, Esq. Rawle & Henderson, LLP The Widener Building One South Penn Street Philadelphia, PA 19107 Attorney for Defendant :rc I `" A-t„.4 I LSCL ti/a7/07 BY THE COURT, 6 •, 41d L -. 4a UNRUH, TURNER, BURKE & FREES, P.C. BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff VS. WILLIAM D. SEAMANS Defendant : Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) PRAECIPE FOR ENTRY OF FINAL JUDGMENT PURSUANT TO PA. R.C.P. 227.4 TO THE PROTHONOTARY: Please enter judgment on the jury's verdict in the above-captioned matter in favor of the Plaintiff, James P. Deeny, and against the Defendant, William D. Seamans, in the amount of $111,050.00. Notice of the Praecipe for Final Judgment has been provided to all counsel in accordance with Pa. R.C.P. 237. ,VRNER, BURKE & FREES, P.C. BY: %0111_1, ST PHEN P. LAGOY, Attey for Plaintiff James P. Deeny L UNRUH, TURNER, BURKE & FREES, P.C BY: STEPHEN P. LAGOY, ESQUIRE Attorney I.D. #23856 17 West Gay Street P.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 JAMES P. DEENY Plaintiff VS. WILLIAM D. SEAMANS Defendant : Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS :;CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW NO. 07-2497 JURY TRIAL DEMANDED (Jury of 12) CERTIFICATION OF SERVICE PURSUANT TO PA. R. C. P. 237 This is to certify that a true and correct copy of Plaintiff's Praecipe For Entry of Final Judgment Pursuant to Pa. R.C.P. 227.4 in the above-captioned matter has been served by United States First Class Mail, Postage Prepaid, on the day of - , 2009, as follows: Fred B. Buck, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 & Frees, P.C. By: 4Attey n P. Lagoy, Esc for Plaintiff P. Deeny OF THE: F"'! N i 2 AP-R 21) A' I I * 55 &v -r 44-00 'Pa C?..?, ? 151 ??' aa??o t 0,? wj-?j